Applied last week for 485. Need to leave the country for studies

K

kaisersoesce

Registered Users (C)
Hello everyone:
My wife applied for her 485 last week. We would be getting the RD hopefully in a day or two. However, she needs to leave the country and go back to finish up her studies returning back in May. Obviously she won't be having her AP with her when she leaves. I talked to my attorney because to my knowledge, you cannot leave the country after filing for 485 and without getting your AP. However my attorney mentioned you can. Anybody with similar experience? Any advice?
Thank you in advance.
 
She is fine if she will travel using H4 visa, but she have to return before H4 expiration date.
 
She can get a new H-4 after the expiry of the current visa is the spouse continues to hold H1B status.

-Ramakriya
 
Most definitely she can travel on her H4 visa, but as soon as you get the 485 receipts, remember to send it to her. She will need to show it while entering the country on H4.
 
So Who's correct..

Well I finally called my lawyer again today. She said over the phone that my wife cannot leave the country until she gets the receipt number. And according to her, even though they filed last week, it is taking 4-6weeks before which CSC issues the receipt number.
So my question is, Can my wife leave as early as next week w/o having the receipt numbers on her H4? What is she leaves tomorrow on her H4 and when she gets the receipt notices, I can send them over? How will I know the case got filed without getting the WAC number?
-WAC02099 series.
 
I am sure everyone in this forum will give you advice based on personal experince and knowledge but I would suggest you speak with and consult with your attorney and follow his/her advice. If you run into any problems it will be your attorney who will have to work on their resolution.

That is my opinion at least.
 
I agree with jollyguy,

You can use info from this forum but use with caution... Always
check out the "facts". You can also talk with some other attorneys just to make sure what your attorney is saying makes
sense. Always check out the competition...

Phoenix Saint.:)
 
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